Jeffry J. Black v. Idaho State Police; Colonel G. Jerry Russell

Summary

The Idaho Supreme Court affirmed summary judgment for the Idaho State Police in Jeffry Black’s claim under the Idaho Protection of Public Employees Act. The court held that Black’s objections to directives from the ISP director concerning fiscal, personnel, and administrative matters were not objectively reasonable reports of suspected legal violations or protected refusals under the Whistleblower Act. The court denied attorney fees to Black and awarded costs on appeal to the respondents.

Holdings

1. Black did not engage in protected communication because his asserted belief that ISP or Colonel Russell had violated, or suspectedly violated, a law or rule was not objectively reasonable.
2. Black's objections and refusals were not protected because he lacked an objectively reasonable belief that Russell's directives violated a law or rule.
3. The district court properly granted summary judgment to ISP because Black failed to demonstrate protected activity under the Whistleblower Act.
4. Black was not entitled to attorney fees on appeal because he was not the prevailing party and the Court found no reason to award fees in its discretion.

Questions Presented

1. Whether the district court properly granted summary judgment to the Idaho State Police because Black did not engage in activity protected by the Idaho Protection of Public Employees Act.
2. Whether Black was entitled to attorney fees on appeal under Idaho Code section 6-2106(5).

Disposition

affirmed